Manafort's legal team argues NY prosecution constitutes double jeopardy

Manafort's legal team argues NY prosecution constitutes double jeopardy
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Former Trump campaign chairman Paul ManafortPaul John ManafortUkraine could badly damage both Donald Trump and the Democrats Lewandowski refuses to say whether Trump has offered him a pardon Democrats return to a battered Trump MORE's attorneys reportedly argued in a court filing Thursday that charges brought by Manhattan District Attorney Cyrus Vance Jr. should be dismissed under the Constitution's protections against double jeopardy.

Politico reported Thursday that Manafort's lawyers argued that the charges including mortgage fraud and falsifying documents were similar to those dismissed by a federal judge last year after a jury in Manafort's federal trial declined to reach a verdict on almost a dozen counts, while finding him guilty of others.

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“New York’s double jeopardy statute is clear that ‘it is the fact of the prior prosecution, not the result, which triggers the statutory protection,’” his attorneys reportedly wrote.

Manafort was convicted of charges of bank and tax fraud last year by a Virginia jury while accepting a plea deal that headed off a second trial in Washington, D.C., on related charges that had been set to occur later in 2018.

Typically, federal prosecutions that result in mistrials due to hung juries do not prohibit state attorneys from bringing similar charges under the definition of double jeopardy as defined by the Supreme Court, unless states pass laws specifically outlawing such a practice.

Some have looked to Manafort's prosecution in New York as a way of thwarting a potential pardon from President TrumpDonald John TrumpAlaska Republican Party cancels 2020 primary Ukrainian official denies Trump pressured president Trump goes after New York Times, Washington Post: 'They have gone totally CRAZY!!!!' MORE, which he has refused to rule out.

Manafort was sentenced in March to a combined 7.5 years in prison.